Board of Estimate of City of New York v. Morris (1989)

Case Summary

Morris and others who lived and voted in Brooklyn, the most
populous borough of New York City, claimed that the method of electing
members of the Board of Estimate violated the Equal Protection Clause,
because representation was not proportional to population. The trial
court found for Morris. The Court of Appeals affirmed, and the City
then appealed to the Supreme Court.

The Court's Decision

The Supreme Court ruled that the composition of the Board
violated the Equal Protection Clause, because each borough has equal
representation despite wide disparities in population. Justice Byron
White wrote for the six-judge majority. Three other justices concurred
in the result but differed with specific parts of the analysis.

Justice White began by observing that the constitutional rule of
“one-person, one-vote” applies to local government as well
as to State and congressional elections. He then reviewed the
functions of the Board of Estimate—which include a role in
formulating New York City's budget of over $25 billion, plus
management of city property, setting city salaries, and granting all
city contracts—to show that the Board exercises significant
legislative functions. The Board's “powers are general enough
and have sufficient impact throughout the district to require that
elections to the body comply with equal protection
strictures.”

The Court rejected the city's argument that the special
structure of the Board was “essential to the successful
government of…the City of New York…[because it] accommodates natural
and political boundaries as well as local interests.” Although
the Court did not say that these political and geographical interests
could never be considered, it held that they would not justify the
large deviation in voting strength that was present in the
case.

More on the Case

As a result of the decision in Morris, New
York City modified its Charter to eliminate the Board of Estimate as a
governmental body. Many of the Board's powers were transferred to the
Mayor; the City Council was expanded and its powers were enlarged as
well. The role of the boroughs in municipal government was
reduced.

Other localities have found creative ways to structure their
elective bodies in compliance with Morris while
preserving geographical and political boundaries. Delaware County is
one of New York's sixty-two counties, with a 1990 census population of
about 50,000 spread over nineteen towns. The smallest town, Bovina,
had 550 residents, the largest, Sidney, had 6,667. The County is
governed by a nineteen-person Board of Supervisors, with one member
elected from each town. However, unlike the situation in
Morris, Delaware County gave each Board member a
weighted vote that closely matches the relative population in his or
her town. For example, Sidney has about 12 times the population of
Bovina, so Sidney's representative is allocated approximately 12 times
the voting power. This arrangement was found constitutional under the
Morris analysis by the United States Court of
Appeals in Roxbury Taxpayers Alliance
v. Delaware County Board of Supervisors,
1996.

highlights

Kindergarten Readiness App Wins Gold
Our Kindergarten Readiness app won the Gold Award of Excellence in the educational category at the 2014 Communicator Awards. This valuable checklist comes with games and activities to help your child practice the essential skills she needs for kindergarten. Download the Kindergarten Readiness app today!

Find Today's Newest & Best Children's Books!
Looking for newly released books for your child? Try our new Book Finder tool to search for new books by age, type, and theme, and create reading lists for kids!

stay connected

Sign up for our free email newsletters and receive the latest advice and information on all things parenting.